Traffic Lights, Intersections & Zones

Traffic Ticket Tip: Yellow Lights

When the green light turns yellow you’ve gotta get through the intersection before it turns red… right? Not even close! Find out why….

This may be the most misunderstood traffic law in Alberta. The majority of drivers think yellow means hit the gas and cross before the light turns red. That’s wrong on several points. Here’s what the police expect you to do (…and what the law actually says):

Unless you cannot stop safely, you MUST stop for a yellow light. In other words you are required to think of it as a red light.

The most frequent issue with this charge is that it’s a total judgement call on the part of the officer. There are no hard and fast rules police can follow here. They must assess your speed and distance from the intersection to instantly determine whether you could have stopped if you’d tried. Of course, it’s the officer’s opinion against your’s (in that brief second or two) that you could have stopped safely. Whether you agree or disagree, there’s no point getting into it with the officer that pulled you over. Just take your ticket then give us a call.

What helps the officer assess whether you could’ve stopped?

Hitting the gas to accelerate through the intersection is a pretty clear indicator. There are no provisions in Alberta law for increasing speed to beat the light. In fact, this could, in certain circumstances, elevate your charge to Careless Driving, turning your $155 (2 demerit) ticket into a whopping $543 with 6 demerit points attached (really NOT what you want to get). You are expected to go through the intersection at the speed limit at all times, no exceptions, so if there’s any doubt… stop.

Traffic Ticket Tip: Stop Signs & Yield Signs

Okay, so you know what these things are… (we certainly hope you do)… but do you know EXACTLY how to use them… are you sure? Read on...

Yield Signs:

How long do you need to stop at a yield sign if there are no cars coming?

If the nearest vehicle is far enough away that your movement won’t interfere with them, then you are not required to stop or even pause at a yield sign. Go ahead… be brave.

Stop Signs:

1) How long must you stop at a stop sign before you can proceed?

Technically, the briefest pause is all that’s required (your wheels must come to a complete stop), but having said that, most police officers will be fooled by just a momentary pause. Do yourself a favour and count a second or two before you go, just to make sure you don’t invite an unwarranted ticket and trip to the courtroom. (FYI… contact us with any traffic ticket and you’ll never need to see a courtroom anyway)

2) You CAN get a ticket for stopping at a stop sign – huh?

Believe it or not, the law doesn’t require that you stop AT the stop sign. In fact, if the stop sign is posted more than 3m from the intersection and you stop AT the stop sign, you could get a ticket from any police officer who knows his stuff. The law requires that you stop at the stop line, or if no stop line exists then before the first crosswalk line… none either?… then stop no more than 3m from the edge of the intersecting roadway. Clear as mud?

Traffic Ticket Tip: U-Turns

You missed your turn, but as you come up to a traffic light, you make a quick and SAFE U-Turn. You’re just nicely on your way when you see the flashing lights behind you. Maybe you knew that one… but do you REALLY know where to make a legal u-turn? You might be surprised at the places you can’t.

Alberta U-turn laws can be seriously confusing and quite surprising to many drivers.

You cannot make a U-turn at a traffic light intersection… the colour of the light makes no difference. If it’s green though, at least you won’t get an extra ticket for disobeying a red light.

You also cannot make a U-turn at alley intersections and private driveways. Store parking lots and residential driveways are a Big NO-NO as well.

...and you cannot make a u-turn mid-block (between intersections).

So Where Can You Make a Legal U-Turn?

You can only make U-turns at intersections controlled by stop signs or yield signs and also uncontrolled intersections... period.

Please make sure you do it safely though or you could qualify for another traffic ticket called “Unsafe Left Turn” or "Fail to Yield Right of Way".

Traffic Ticket Tip: Unsafe Left Turns

You’re waiting to turn left in the intersection, the light turns yellow, or worse, red. You are now faced with the most dangerous move a driver has to make, what do you do?

The most serious accidents… often very serious injury and fatalities… occur in these circumstances. We’re talking about making an Unsafe Left Turn. If you see a vehicle approaching from the opposite direction, even though your light may have just turned red, you must not begin your turn until you are absolutely certain you can complete the turn in safety. That means you have not interfered with the progress of the oncoming vehicle in any way.

What does ‘absolutely certain’ look like?

Here’s what a judge would want to know from the facts: you saw the vehicle, you assessed its rate of speed being such that the driver would be able to stop safely, AND you saw the vehicle slowing down enough that it was reasonable to anticipate it was stopping.

So often we see clients charged with Unsafe Left Turn when they turned simply because their light turned red and they wanted to get out of the way as fast as possible. If it’s not absolutely certain the oncoming vehicle is going to stop then you MUST wait for it to go through. EVEN if it is going to run the red light! The onus on the left turning driver is HUGE to “complete the turn in safety.”

If an accident occurs, both drivers will usually be charged… one for Unsafe Left Turn and the other for Fail to Stop for a Red Light. Those trials are always a real brawl… and that’s our specialty.

Traffic Ticket Tip: Intersection Lane Changes

How large is the ticket for changing lanes in an intersection?

We’ve all been there… locked up in rush hour traffic, when finally there’s a chance to pass that slowpoke in front of you, just as you enter an intersection… ain’t it just the way! …but how much could I get stung if I do it?

Nothing. Nada. Ziltch!

Although it’s a risky driving practice, it's not against the law. We’ve investigated many collisions over the years where a driver arrived at an intersection, checked for vehicles passing through from left to right, then, seeing the curb lane empty, made a right hand turn… only to get smashed into by a car that changed lanes as it crossed through the intersection. That lane change was perfectly legal but not a very great driving habit… for obvious reasons. That said, the right turning driver will get charged every time… while the lane changing driver gets off.

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Traffic Ticket Tip: Green Light Tickets?

You can get a ticket for going through a Green Light!

Even though the law says you can proceed, when the light turns green you must allow for late arriving traffic to clear the intersection. If a collision occurs, and it’s established the other vehicle entered the intersection on a late yellow, you'll likely get charged.

Typically the other driver gets charged for "Failing to Stop for a Yellow Light", but not every time. So make sure the coast is clear before you move ahead on fresh green lights!

Remember: Every traffic ticket matters for your insurance premiums - contact us if you get one! You may just qualify for FREE LEGAL FEES! ...and you’ll never spend one minute in a courtroom!

Traffic Ticket Tip: 4-Way Stops

Three cars arrive at a 4-way stop at exactly the same time. Which car goes first?

This is always a mishandled situation because Alberta law only addresses what to do when TWO vehicles arrive at the same time. We all know the silly stop-and-go game that erupts at 4-way stop intersections - everyone is hesitant to proceed. The correct ruling for the above questions is… the vehicle that is most to the right goes first. In other words , the driver with no vehicle to the right goes first, then just keep the order moving around the intersection in the same direction.

Remember: Every traffic ticket matters for your insurance premiums - contact us if you get one! You may just qualify for FREE LEGAL FEES! ...and you’ll never spend one minute in a courtroom!

Traffic Ticket Tip: Stuck in an Intersection at a Red Light

You’re in a busy intersection trying to turn left as the light turns red. What do you do now?

Ever seen the mayhem that occurs when a left turning driver, unsure of the correct process, is left hung out in the intersection on a red light? If so, you probably agree this is worth discussing.

Here’s how it works:

The Traffic Safety Act says you must NOT go into reverse in an intersection. So don’t back up.

The Act is also clear that even though opposing traffic has a fresh green, they are obligated to let crossing traffic clear before they can proceed on their green. There absolutely IS a ticket for a green light violation (see our post on this here).

But be alert! There are often drivers who jump the green and leave immediately. To avoid an unneccessary accident, wait these culprits out and make sure you have a clear path... then safely proceed with your turn.

What about drivers who hold up traffic because they are afraid to pull into the intersection AT ALL before turning left? Find out here....

Traffic Ticket Tip: Moving Into The Intersection

When the light turns green, drivers making a left-hand turn are expected to move to the middle of the intersection. So what about those infuriating drivers who sit back at the crosswalk?

We’ve all had this experience… probably waaaay too many times in our driving careers. You’re stopped at a traffic light… the light goes green… with enough room in the intersection for 2 or 3 cars, the driver first in line barely moves from the stopped position. Result? One car gets through and a handful of drivers that could have made it will probably be needing to wash their mouths out with soap when they get home.

So why do those drivers who won’t pull out do what they do?

Two possibilities:

1. They’re afraid they’ll get a ticket for a yellow or red light violation if they get “stuck” out in the middle when the light changes… or…

2. They’re timid drivers who harbour some sort of fear about sitting out in the middle of a busy intersection.

Point #1: there is no offence… not ever… for turning on a yellow OR a red light if you have lawfully entered the intersection and are waiting for traffic to clear. In fact, all crossing traffic (vehicles to your left & right) facing a fresh green light must yield while you complete your turn.

As for point #2, well, we send those drivers a bit of encouragement to be a little more brave… oh, and note that road rage can be way more scary than a busy intersection…

Have a question about your ticket or a traffic related question? Ask away!

With well over 40 years experience in policing and traffic courts you'll be hard pressed to stump us... but you can certainly try!

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Pedestrians

Traffic Ticket Tip: Pedestrian Crossings

Man, that pedestrian is slow! Do I really have to wait until they reach the other curb?

We all know that Alberta law (and everywhere really) requires that you yield to a pedestrian at a crosswalk.

What you don't have to do is wait until they get all the way across to the curb.

Once the pedestrian has cleared your lane you are free to go, having completed the yield... BUT, common sense must prevail. If the pedestrian is crossing left to right you'll want to wait until they reach the curb.

Remember as well: if there's a vehicle stopped beside you, you need to have been the first vehicle to stop for the pedestrian before you are permitted to go.

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Traffic Ticket Tip: Little Known, But Expensive Fine

The largest fine police can give you has no visible sign! $776.00… 4 demerits, a huge insurance premium increase, …and you didn't even know you'd done anything wrong!

You know the drivers who wait and wait and waaaaiiiit before proceeding after a pedestrian? Well guess what? If they stopped before you did, you MUST wait for them to move first after the pedestrian crosses.

On a multi-lane road, the first vehicle stopped (going in your direction) dictates when the rest can move. If you weren't first to stop then you cannot proceed until the "lead" vehicle goes first… period. If you do you're "passing a vehicle stopped at a crosswalk for a pedestrian" which is a traffic ticket for $776.00 and 4 demerit points.

There's no sign warning you not to do this. Even though it's clearly safe to go, don't move until they do! And this isn't the only offence that has no signage in Alberta.

Traffic Ticket Tip: Crosswalks

What do you do if you have stopped for a traffic light but are completely blocking the pedestrian crosswalk?

Legally you are supposed to proceed on through because technically you are "in" the intersection when you have crossed that second crosswalk line. It is a ticketable offence to reverse out of an intersection, so it's always a dilemma isn't it?

Have a question about your ticket or a traffic related question? Ask away!

With well over 40 years experience in policing and traffic courts you'll be hard pressed to stump us... but you can certainly try!

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Police, Emergency & Courts

Traffic Ticket Tip: Tardy Ticket Delivery

So, a traffic ticket arrives in the mail for an illegal u-turn the police said you did on November 5th.... BUT IT'S FEBRUARY! How can that be! They can't issue something THAT LATE... can they? Do I really have to deal with it?

According to Alberta law the police have exactly six months from the date of the offense to process the charge... and that's perfectly legal in the eyes of the province. Furthmore, if your ticket has been quashed in court due to a technical issue, you can be reissued a replacement ticket within that six month window as well and you'll have to go to court AGAIN to deal with it.

If you get one of these lovely presents from your local law enforcement, contact us. We'd be happy to help protect your driving record and demerits while saving you big money on your insurance rates.

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Traffic Ticket Tip: Police Checkstops

It’s holiday party season once again and check stops will be out in full force. So what if you’ve had a couple wobbly pops, are far from wobbly, but find yourself preparing to roll down your window for the boys in blue? Is there really any way to fool that breathalyzer?

You know all those tricks you’ve heard about fooling a roadside breath test? Well, NONE of them work. Breath mints, candies, mouth wash, various other liquids, you name it… none of them work.

A breathalyzer test, whether roadside or in the police station, measures the alcohol content of your deep lung air. That’s why you are required to blow long and hard… it’s the air right at the end of your breath that gets measured. Any attempt to not blow in that manner guarantees you a Refuse Breath Sample charge which results in a suspension of your driver’s licence, a VERY hefty fine and a criminal record. The only excuse for not blowing is a medically confirmed inability to do so.

Be aware that police are also on the alert for open liquor. You may NOT have any open liquor within reach of the driver. That means a previously opened bottle of wine, beer or spirits cannot be carried inside the passenger compartment. NO EXCEPTIONS.

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Losing our Right to Fight Traffic Tickets?

THE NDP ARE PLANNING TO STRIP US ALL OF OUR RIGHT TO DEFEND OURSELVES IN COURT – JUST LIKE THE PC GOVERNMENT WAS! Read on…

A message from Randall Hicks, The Pointman:
This past week a colleague of mine met with Justice Minister & Solicitor General Kathleen Ganley. She informed him of her intention to implement the former PC government initiative that will strip Alberta drivers of our right to defend ourselves if charged with a traffic violation!

This is a disgraceful and unprecedented trampling of our rights as granted by the Canadian Charter of Rights and Freedoms – AND by the Supreme Court of Canada. Decades ago they said if a Canadian faces prosecution by the government (a fine) then we have a right to trial.

The Law Societies of Alberta and Ontario have made it clear they will bring their considerable legal prowess to bear to quash this ridiculous proposal. In the meantime, this is a critical time for everyone in our network to email their MLA, and in particular Ms. Ganley, to voice their outrage at this attempt to turn our justice system into a draconian nightmare.

We’re providing links/phone numbers of MLA’s in our service area. If this list doesn’t include you, the complete provincial listing can be found here. PLEASE let them know how you feel about their intention to turn our traffic court system into a police state.

Arrested For Traffic Violations?

We all know DUI and Dangerous Driving are criminal offenses that can get you arrested, but were you aware there are 18 traffic ticket offenses that can earn you a ride in a police cruiser? Find out more…

The Alberta Traffic Safety Act lists 18 different traffic ticket offenses for which a police officer may arrest you. We’re only going to talk about the most common ones as several of them are for rare circumstances.

The key here is that if the officer feels you’ll repeat or continue the offence, or if you have not identified yourself to the officer’s satisfaction, you can be arrested for: Hit and Run (fail to remain at accident), Careless Driving, Racing, Speeding, Defaced/Unauthorized Licence Plate, Driving Under Suspension, Fail to Stop for Peace Officer.

The bottom line is not to give the officer any reason to doubt who you are and certainly don’t deal out a bunch of attitude that will lead him to believe you might commit the offence again as soon as he’s gone.

The bonus prize for getting arrested, is that when you get out, you’ll be picking up your vehicle from the impound which will sting you for even more money than you’ll already be paying.

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Yield to Emergency Vehicles

You hear an emergency vehicle coming and some cars are moving out of the way, others aren’t and some don’t know what to do. What should YOU do? Read on…

There are multiple answers to this question depending on your circumstances. Here are your options:

If you’re on a 2-way undivided road (no concrete/grass median) or on a divided roadway (with a median) then pull over as close as possible to the right hand curb or shoulder

…unless your roadway is divided with 3 or more lanes in each direction (like Deerfoot) then pull over as close as possible to the side of the road nearest you

If you’re on a one-way road (like downtown Calgary) then pull over to the side of the road nearest you

In the middle of an intersection? Move left or right to make as large an opening as possible

In all these scenarios you must remain stopped until the emergency vehicle passes. When you start up you must not follow the emergency vehicle closer than 150m (about half a downtown city block).

It’s a very serious offence for your record and your insurance to follow that emergency vehicle too closely (let alone really poor behaviour). Please be a respectful driver and let them do their very important job!

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Alberta Traffic Ticket Fines On The Rise

So… following on the heels of a ticket quota increase in Calgary, the Province will now be raising traffic fines an average of 35%. It’s gonna get darned expensive to do anything wrong around here…

A short while ago we told you about the City of Calgary doubling the police quota of tickets every month (read about that here). Now, not only are you going to GET MORE tickets… you’re going to PAY MORE for them too!

According to an article in the Calgary Herald, May 1st will see a distinct rise in traffic fines which will add to the province’s coffers… $55.5 million more than last year for a projected total of $158.3 million!

Your minimum speeding ticket will rise from $57 to $78 and running a red light increases by $101 to $388. If you fail to yield to pedestrians, instead of $575 you’ll be coughing up around $775. Don’t even think about speeding through construction zones or past emergency vehicles. The maximum ticket there will sting you $949 instead of the $703 fine that it is now.

Did we mention that the majority of traffic tickets can be negotiated to stay off your driving record and many charges are easily modified to have significantly less impact on your driving record… and your wallet?

Oh and gas tax is going up by 4 cents per litre today (Friday, March 27th) and on July 1st your driver’s license will cost more too… sorry… nothing much we can do about those ones.

Traffic Ticket Tip: Don't Just Pay Your Ticket

If a traffic cop gives you a ticket you HAVE to pay it… right? Not exactly…

The Alberta Traffic Court System is jammed to the rafters with traffic tickets.

Why? Though we respect our local police and value their services, they’re fallible, just like you and me. We routinely find mistakes, misconceptions, and outright blown observations in officers’ notes about incidents they’ve witnessed.

Many charges can be easily reduced or even thrown out of court. In fact, keeping demerit points off our clients’ driving records is a daily occurrence.

Less than 5% of drivers ever dispute their charges. In Calgary alone, more than half a million times a year, people are just laying down and taking their licks from the system while unneccessarily letting their demerit points and insurance premiums skyrocket.

Traffic Ticket Tip: Missed Court Dates

What if I missed my court date for the traffic ticket I got awhile back? Is there any way to get a “do over” so I can deal with it properly and save the hit on my license…or am I just stuck with it?

When you miss your court date, you are “convicted in absence” on a yellow ticket. This results in the conviction immediately showing up on your driving record AND very likely means your insurance premiums will go up on your next renewal.

Quite often these court dates were missed for legitimate reasons and Alberta traffic court allows the convictions to be “Set Aside” (reversed) which gives you a second chance to defend yourself. Some legal conditions must be met in order to reverse a “conviction in absence”. Please contact us and we’ll help you discover whether or not your circumstances qualify for a Set Aside application. If they do, we’ll prepare a strategy to help minimize the impact that ticket will have on your license and insurance... because that’s just what we do!

Give it a shot! The no obligation consultation is completely FREE!

NOTE: If you missed your court date and you were given a pink ticket, understand that you now have a warrant out for your arrest. Don’t wait… Contact Us IMMEDIATELY so we can stop you from being arrested!

Find out why you should use The Pointman to fight those traffic tickets.

Traffic Ticket Tip: Traffic Ticket Quotas?

Do Calgary Police Have a Traffic Ticket Quota?

It’s a common rumour that traffic cops have a monthly ticket quota to provide the City of Calgary and that nearing the end of the month we need to be extra careful about our driving habits. …but is it really true?

You bet!... and not just in Calgary… it's the same everywhere. You may think it's some dastardly plot, but it's really just a matter of quality control. What? A primary duty of uniformed officers is self-generated traffic enforcement and one assessment of an officer’s work ethic is to demand a minimum number of traffic tickets each month. On average, one ticket per day per officer for non-traffic unit patrol officers. Traffic cops are expected to have dramatically higher numbers because that's all they do out there. So there it is… never been anything different.

That doesn't explain though, why Calgary is the most heavily enforced jurisdiction in North America.

Traffic Ticket Tip: What You Say CAN be Used Against You

When you are stopped by the police, do you think you can sweet talk your way out of that ticket? Maybe not, but what you say can absolutely affect the outcome.

What You Don’t Do:

About the worst thing you can do is get into a verbal disagreement. That invites a wallpapering by the officer which is “cop speak” for giving you as many tickets for as many trifling equipment and document violations he can find as a reward for giving him such a hard time.

What You Don’t Say:

When the officer asks you if you know why he’s stopped you, never… never… NEVER admit you know why… even though you likely do! You are under no legal obligation to answer that question and you are certainly protected in law from incriminating yourself (admission of guilt).

Anything you say at a traffic stop that is self-incriminating will be noted by the officer and used to prosecute you.

The Smart Choice:

What we suggest you do is answer the question with this question: “What did I do officer?” The less you say the better… and the easier you make our job when we go to court for you.

Traffic Ticket Tip: Passing Emergency Vehicles

When you see an emergency vehicle stopped on the shoulder of the road ahead, (police, tow truck, ambulance…) do you REALLY know what to do when you pass by?

We’ve all been out on the highway, or in the city, and found ourselves approaching a police vehicle, tow truck or another emergency vehicle stopped by the roadside with its lights flashing. Ever witnessed the mayhem that happens, especially on multi-lane highways when drivers aren’t sure what to do?

It seems about half of drivers know they need to slow down… but to what speed? …and how about drivers that switch from the right lane to the left lane and then hit the brakes hard as well? Geeeeez…

Ok, here it is… ready?… when you approach an emergency vehicle or tow truck stopped by the roadside with its lights flashing, and there are multiple traffic lanes in your direction, you ARE permitted to safely move over to the next clear lane and maintain the posted speed limit as you go by. If you choose to stay in the lane nearest the emergency vehicle (or cannot change lanes due to traffic) then you MUST slow to 60 km/h by the time you pass the emergency vehicle.

Special Note: Ever seen a second police car sitting just down the road from the traffic stop? Guess what he’s doing? Taking a radio call from the first officer who’s got his radar gun on vehicles speeding past him! Now you know.

Traffic Ticket Tip: Will Traffic Courts Disappear?

You may not be aware...This past January the Minister of Justice, Jonathan Denis, tabled a proposal to eradicate traffic courts across Alberta. You will no longer be permitted to go to trial to test the evidence and ALL court clerks, prosecutors, and dedicated courtrooms will be gone.

What is the Solution?

The current Alberta Traffic Court process will be replaced by telephone adjudicators in Edmonton with whom you will make an appointment to talk with on the phone. They WILL find you guilty... they MIGHT reduce the fine... but not likely.

Alberta Justice is proposing this despite the fact that the Supreme Court of Canada states that if there is a penalty imposed by law you have a right to a fair trial!

What does this mean to you?

Many of you will have your insurance premiums begin to soar out of sight. Why? Because the issuing of traffic tickets will skyrocket and the insurance industry, which openly rides on the coat tails of the Alberta Justice enforcement policies, will become even more ruthless about tickets on driving records and penalize you accordingly.

Breaking News: Traffic Ticket Quota Increase!

Calgary Police have doubled their monthly traffic ticket quota to an unprecedented amount!

Apparently the City of Calgary doesn’t have enough money in their coffers so now every Calgary traffic cop (all uniformed officers) are expected to DOUBLE their monthly traffic ticket quota from 20 to 40 tickets! In our more than 40 years of traffic law experience, this is an unprecedented quota!

What does this mean for Police?

This means officers will be forced to look for more ways to charge you, more ways to double up on charges, and will be grumpier because they have to deal with more agitated drivers who already feel enforcement is too high.

What does this mean for You?

Besides the obvious result that Calgary drivers will be paying for more tickets, what will also happen is you’ll be getting more tickets on your driving record which drives up your insurance rates, where the real cash grab happens (more about that here…)

What can you do about it?

Drive carefully… but when that ticket comes your way by all means contact us because just paying your ticket is absolutely not the best thing to do!

We have a rich history of making sure tickets never appear on your driving record – and THAT means saving our clients BIG dollars on insurance rates, as well as their immediate fines! We challenge the system together …. BUT as usual… you’ll never spend one minute in a courtroom. Leave that annoyance to us while you get on with your life!

Didn't know about traffic ticket quotas?

Alberta Drivers' Right to Trial

We Were Heard! The Province of Alberta has quashed The Minister of Justice’s intent to strip our right to trial on traffic tickets!

A little while ago we reported that the Minister of Justice, Jonathan Denis, had plans to demolish Alberta’s traffic court system and replace it with “telephone adjudicators.” (view that post here)

In short, what that meant was we would no longer have a right to trial, a right to defend ourselves against allegations of wrong doing by police. Calling the response of outrage from my network an avalanche would be a serious understatement!

Subsequent to that report, I received a personal email from the Minister stating (slightly paraphrased) that he held Albertans rights under the Canadian Charter of Rights and Freedoms in the highest regard and he would never stomp on those rights.

A few weeks later, he released his formal proposal to demolish traffic court and strip us all of our right to trial and our ability to effectively challenge the traffic violations with which we were charged... Imagine That!

The Alberta Criminal Trial Lawyers Association, the Ontario Law Society and countless other stakeholders in our legal system took serious offense to the proposal and, to put it mildly…. revolted.

…And NOW?

I am pleased to tell you that our voices were indeed heard! Since the change of provincial leadership came into being in November 2014, this outrageous plan has been shelved. Our Charter rights remain intact and in Alberta traffic courts you will continue to be able to exercise your basic right to challenge the traffic tickets you receive.

Here at The Pointman, we are proud to continue to defend you against traffic tickets and to protect your driving records from raising your insurance premiums.

Traffic Ticket Tip: Police Check Stops

A Florida lawyer says keeping your window shut and remaining silent are the best ways to deal with police checkpoints. Will it work?

Our View:

In Alberta, and the rest of Canada, the right to drive has been ruled a provincial privilege. The province can do whatever they want in terms of creating regulations to control driver safety. In Alberta we have a law that says police can stop any driver at any time to ask for licence, registration and insurance without having any other cause.

Here’s the kicker… if you refuse to open your window, police are authorized to use whatever force is necessary to get it open… AND then you’ll be arrested for Obstructing a Peace Officer.

On top of that, the Supreme Court of Canada ruled several decades ago that check stops are a lawful tool for police to use. There's no hope of seeing check stops banned north of the 49th.

So... when that officer approaches your vehicle, it’s most definitely in your best interest to comply.

Have a question about your ticket or a traffic related question? Ask away!

With well over 40 years experience in policing and traffic courts you'll be hard pressed to stump us... but you can certainly try!

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General Driving Tips

Driving With Your Pet

Petting and driving is all too common but can be more expensive and more destructive to your driving record than going 30 km/h over the speed limit! Read on…

For many of us, pets are a BIG part of our lives, they do what we do, go where we go, even sleep in our beds… we wouldn’t have it any other way. When it comes to driving however, Fluffy and Spot need to keep their distance or it can cost you BIG TIME! If your pet occupies the front seat and interferes with your ability to safely operate your vehicle or obstructs your view in any direction, the police can charge you with distracted driving. This charge is completely at the discretion of the officer and as of Jan 1, 2016 carries a $287.00 fine, 3 demerit points, and a horrible increase on your insurance rates. Pretty steep penalties for a little bit of cuddle time.

By all means enjoy your pet, but when you’re driving make sure they’re in the back seat or in a pet carrier. You’ll both be safer and you’ll have that extra money to buy them more treats.

There are more unexpected ways to get yourself a distracted driving charge. Read more about that here.

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Distracted Driving Changes

If you still use your phone… at all… while driving, on January 1st getting caught is going to hurt even more than it does now! Read on…

Alberta’s distracted driving laws have only had fines but no demerits… until now.

Beginning January 1, 2016 these tickets will also put 3 demerits on your driving record. As with all other offences, the ticket will show on your driving record for 3 years from the date of conviction while the demerits come off after 2 years. It remains an offence to even LOOK at your phone, let alone hold it in your hands while at the wheel… even if you’re stopped at a red light!

Prosecutors have been directed NOT to negotiate or otherwise amend these charges in any way.

So the rule remains: if you wanna use your phone, pull over and park, then you’re golden… otherwise get ready to pull out your pocketbook.

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Traffic Ticket Tip: Flashing Headlights

You just drove past a radar trap working traffic going the other direction, so you do the ‘good deed’ and flash your headlights to warn oncoming drivers. Wonder if they’ll be willing to help you pay your outrageous fine? Read on…

When we do anything while driving that is likely to ‘startle, distract or interfere with other users of the road’ we commit the offence of Stunting. That’s a $543.00 fine (ouch), 3 demerit points (double ouch) and a nasty insurance premium increase over the next three years (the biggest ouch)… all because you chose to help out those other drivers. It’s really not uncommon to find a police car sitting just down the road from the radar site watching for flashers (pun intended) …so do your best to resist temptation.

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Traffic Ticket Tip: Signalling

You need to change lanes to get to the next exit but there’s no other traffic around you at all. To signal or not to signal, that is the question... Read on...

In Alberta, there is much misunderstanding about this section of law. Drivers from other provinces learned to drive where the traffic act says you only need to signal if it will affect the movement of other vehicles.

In Alberta, even though the road around and behind you is completely void of any cars, if making a move to another lane or making a turn, you MUST signal your intention to do so. It’s really that simple…. and, yes, you will from time to time be signalling your intention to change lanes to absolutely nobody.

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Traffic Ticket Tip: Road Rage

We’ve all dealt with annoying drivers who seem like they must have gotten their license from a gum machine…. but before you attempt to “teach them a lesson” take a minute to find out who will be the one most likely to get “taught”. Read on...

There isn’t actually an offence called “Road Rage” but we all know what it looks like. Sometimes it’s just a yelling match back and forth, a few select finger gestures, then the drivers move on. Even that short exchange constitutes Stunting infractions for both parties… 3 demerits and a $543.00 fine just so you can remember the event fondly.

If you choose to get your vehicle involved in some kind of action to piss off the other driver, you escalate to at least a Careless Driving charge (read all about that here). That easily becomes Dangerous Driving or Criminal Negligence in the Operation of a Motor Vehicle. These criminal charges earn you license suspensions, really huge fines and a criminal record that will bar you entry into most countries (yes, really!).

The courts don’t care who started it. If both drivers are actively engaged in a Road Rage incident, BOTH will be found guilty.

So… what do you do? Stress balls are known to work wonders. (...and they’re much cheaper than the alternative)

If you’re on the receiving end of road rage, ignore drivers’ taunts and notify police immediately. Speeding away is never the right choice. If the other driver insists on bothering you, maintain your speed, or drive even more slowly and head straight for the nearest police station. Reporting the other driver’s license plate number is always a great choice. Based on what you have to say police can lay charges against that person and you’ll see them brought to justice.

From our perch, we think if that driver wants that piece of road soooo badly, let ‘em have it.

Traffic Ticket Tip: Crossing the Median

You’re stopped in a brutal traffic snarl with nothing moving. Whipping a u-turn across the boulevard or passing everyone along the shoulder looks really inviting. Well, the police won’t see it that way. Read on…

The law is quite clear about this scenario: except for avoiding an obvious lane obstruction, we can’t cross a center boulevard or ditch, drive off the roadway, or on the shoulder to get by other vehicles. Do so and you qualify for a 2 demerit point, $155 ticket that will drive up your insurance rates quite nicely.

While it might seem like law makers enjoy seeing trapped drivers lose their minds, this law is really about safety for all. We’ve investigated many collisions over the years that involved motorcycles ripping along the shoulder only to be cut-off by unsuspecting drivers with the same idea.

We’ve also seen accidents from cars making frantic U-turns across boulevards and ditches only to get hit broadside… always very serious injury incidents. If your moment of impatience causes the accident, let’s just say THAT ticket will be considerably higher and much more damaging to your record. Find out more…

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Traffic Ticket Tip: Street Racing

Fast & Furious is an awesome movie series about street racing. In reality, racing on our streets is strictly prohibited, carrying severe penalties beginning with impounding your car… and then it gets really bad. Read on…

There’s no version of a street race that will EVER be permitted by our police service and courts since it puts the public at extreme risk when untrained drivers go insanely fast on public roads.

In the movies, they close off the streets and highly trained stunt drivers make run after run in short segments until they get it right. We don’t have that luxury.

Whether because of a wager or just for fun, racing... even over just a city block, means you’re liable to have your vehicle seized, your licence suspended, a gift of 6 demerit points, and fines that start at $543 going as high as $2000! THEN, after conviction, add in your new insurance premiums and get ready to pay the same rates as impaired drivers… truly financially crushing numbers.

So, please, keep it on the track everyone – and we’ll all live long, happy lives!

Traffic Ticket Tip:

Driving season is here… yaaahoooo! But chirping your tires, doing burn outs, wheelies and catwalks can earn you a pretty seriously expensive ticket. Oh, and passengers…don’t go thinking you’re immune. You can get that same nasty $543.00 fine too! Read on…

So here’s the straight goods on how the law works:

As a driver , if you do ANYTHING with your vehicle that MIGHT distract any other user on the road, you’re liable for a Stunting charge, the lovely $543.00 fine that goes with it… AND 3 demerits. There’s a pretty serious insurance premium increase waiting for you as well.

And a notice to all you passengers that like to hang out the window or do other things to/at other users of the road (like hangin’ a moon, flippin’ the bird, screaming etc.) you’re liable for that Stunting ticket too! You’ll get the big money fine but nothing reported to your driving record.

Here’s an excerpt from the actual law:
“Anyone who drives a vehicle so as to perform or engage in any stunt or
other activity on a highway that is likely to distract, startle
or interfere with other users of the highway is guilty of Stunting.”

Find out how how easy it is to fight your stunting ticket or any other traffic ticket with our "Easy No Brainer System".

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Traffic Ticket Tip:

Did you know that doing your hair and makeup, even while at a stop light, can get you a nasty fine from police? Read on…

We all know now that you can get a Distracted Driving charge using a cell phone in any manner while driving. Ladies did you also know that fixing your makeup, tidying your hair, or doing any kind of personal grooming or hygiene while driving, even while waiting at a traffic light is also Distracted Driving? …guys, that last part applies to you too.

Bottom line? Do all your beautifying at home before you get behind the wheel!

Other things that can get you a Distracted Driving ticket are driving while reading or looking at any printed material… even maps. If you need to know where you’re going, pull over to the side of the road and take a look.

Traffic Ticket Tip: Follow Too Close

With the number of these tickets we’ve received lately, it seems the police service is targeting Follow Too Close offences. Do you know what the correct follow distance is?… it’s farther than you’d think. Read on…

Every driver on Calgary roads breaks this law multiple times EVERY day without knowing it.

So how do you NOT follow another vehicle too closely? If we use the old rule of one car length for every 15 km/h that means you must keep a space of more than THREE car lengths on most city streets – pretty darn difficult to do!

If you’ve taken driving lessons then you know another way of keeping a “safe distance” is to use the 2-second rule. That’s great for highway driving but try pulling that off during rush hour… pretty near impossible! Even police officers can’t keep that spacing in heavy traffic. Here’s some math to give this some perspective. When travelling at 50 km/h we’re moving at 14 m/sec… roughly 3 car lengths per second (using 5 m/car length). The 2-second rule means you ought to be six car lengths (almost 100 feet!) behind the vehicle in front of you. Good luck with that one!

One of the issues with this piece of legislation is that it’s completely open to the officer’s personal view of what looks to be “too close.” The law requires that you not follow more closely than is reasonable and prudent having regard for the following:

the speed of the vehicles

the amount and nature of traffic on the highway

the condition of the highway

That’s a really broad definition, which is why we see so many different interpretations by officers when presenting evidence. What you feel is a reasonable following distance may not be nearly enough space to the officer. Regardless… if the officer’s opinion is that you were following too close, you’re likely going to be handed a ticket worth 4 demerits that will also result in a nasty insurance premium increase.

Don’t just pay this ticket… it’s one of the prime traffic violations that deserves to be challenged. Please CONTACT US FIRST!

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Traffic Ticket Tip: Merging

You’re accelerating along the on-ramp to Deerfoot Trail and are just up to highway speed when it looks like you’ll begin your merge just as the main traffic group is arriving. Who’s got the right of way?

This is an interesting area of the law, taking two separate sections to try and explain what is never outright said about this particular scenario. There are many variables that can change interpretation and application of merging but it will get messy to discuss them all. The scenario we’re dealing with here is the most common highway merging issue.

The courts typically apply the law to this everyday occurrence in this way: if the vehicle entering from the merge lane is ahead of the vehicle already established on the roadway then the merging vehicle has the right of way.

Since this task is about as widely understood as how to deal with 4-way stops… it is the safe choice to use a little bit of caution even if you know you’re right.

Traffic Ticket Tip: Distracted Driving

You’re stopped at a fresh red light… time for a quick look at that text message. You put your phone down well before proceeding through the green, yet get pulled over for Distracted Driving. Huh?

The Province of Alberta has made it very clear they do not want drivers looking at their phones while behind the wheel… period. If you pull over and park you’re fine, but if you’re in a driving lane you simply cannot “hold, view or manipulate” your phone. While it could be argued that sitting still isn’t actually “driving", the Traffic Safety Act includes in its definition of Driving that ‘having the care or control of a vehicle” also constitutes as driving. There’s just no way around it.

Do not use your phone, in any way, if you’re in the act of driving… moving or otherwise.

There are currently 3 demerit points for this offence but they will sting you for a $287 fine and the insurance industry will most certainly enjoy raising your premiums if you get one of these on your driving record. That’s where you really get burned! See here for more on recent changes to distracted driving laws in Alberta

Traffic Ticket Tip: Know When to Cross the Line

Picture yourself driving in the country on a lovely stretch of 2-lane highway. You catch up to a slow-poke driver and wanna pass but there’s a single solid line that goes for miles. Are you legally allowed to pass? …and what about the same situation in the city?

Outside city limits a single solid line cannot be crossed under any circumstances (get used to waiting). Inside an urban area (like Calgary, Airdrie, Canmore…) you CAN legally pass that pokey driver by crossing over the single solid line and back when it is safe to do so.

On the other hand, a DOUBLE solid line in an urban area must be treated like a solid barrier. No Passing... NO EXCEPTIONS.

Even the police seem to have trouble with this section of law. We’ve seen plenty of tickets improperly issued over the years for passing (safely) on a single solid line. So, if you ever get stopped for this reason, politely tell the officer to go check his Alberta Rules of the Road…. If that still doesn’t work… by all means, let us know.

Winter Driving

Winter's here and icy roads mean slow down... follow less closely... and just take your time. Even though you do all those things, a really nasty traffic ticket could still be in your future! Read on...

Are you an Unreasonable Rate of Speed driver? What the heck is that? Well, it’s a 4 demerit ticket you can get for not speeding during poor winter road conditions. Huh? No, that’s not a typo... you can get a traffic ticket when you were honestly trying to be responsible.

Even though you were driving under the speed limit, if you crash your car on slippery winter roads, slide through a red light due to black ice or do inadvertent donuts down the road, or in a parking lot… you can earn a serious offence called “Unreasonable Rate of Speed”.

The law clearly states drivers MUST travel at a rate of speed that, no matter the road conditions, will ensure you can stop safely and/or otherwise have complete control of your vehicle… AT ALL TIMES! Even though you were travelling 30 in a 60 zone, if you were to slide on the icy roads and rear-end another vehicle… even though you felt you were following at a safe distance… you could still be charged with this offence.

Fear not, we know exactly how to defend this charge in court and save you a ton of money and stress.

Traffic Ticket Tip: Passing Emergency Vehicles

When you see an emergency vehicle stopped on the shoulder of the road ahead, (police, tow truck, ambulance…) do you REALLY know what to do when you pass by?

We’ve all been out on the highway, or in the city, and found ourselves approaching a police vehicle, tow truck or another emergency vehicle stopped by the roadside with its lights flashing. Ever witnessed the mayhem that happens, especially on multi-lane highways when drivers aren’t sure what to do?

It seems about half of drivers know they need to slow down… but to what speed? …and how about drivers that switch from the right lane to the left lane and then hit the brakes hard as well? Geeeeez…

Ok, here it is… ready?… when you approach an emergency vehicle or tow truck stopped by the roadside with its lights flashing, and there are multiple traffic lanes in your direction, you ARE permitted to safely move over to the next clear lane and maintain the posted speed limit as you go by. If you choose to stay in the lane nearest the emergency vehicle (or cannot change lanes due to traffic) then you MUST slow to 60 km/h by the time you pass the emergency vehicle.

Special Note: Ever seen a second police car sitting just down the road from the traffic stop? Guess what he’s doing? Taking a radio call from the first officer who’s got his radar gun on vehicles speeding past him! Now you know.

Have a question about your ticket or a traffic related question? Ask away!

With well over 40 years experience in policing and traffic courts you'll be hard pressed to stump us... but you can certainly try!

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Miscellaneous Tips

Traffic Ticket Tip: Window Tint

Very few people will deny that tinted windows add the finishing touch to a really sexy custom ride... but do you know how much tint is allowed before you’ll earn that nice expensive ticket? Read on...

All the time we see cars that have every window tinted except the windshield. Common belief is that side windows can be tinted up to 35% and still remain road worthy.

Well, Alberta law gives a pretty clear view about this customizing practice: from the driver’s window forward you cannot place ANY kind of material on the windows. They must remain clear glass just as the manufacturer made them. If you choose to tint any of your front windows then get ready to add the $172 fine to your customization budget.

Here’s the section of law regulating window glazing: A person shall not install, replace or cover the window glazing in a windshield or in a left or right side window of a motor vehicle that is beside or forward of the driver with a transparent, translucent or opaque material.

Why does Alberta insist on stealing our fun?

If the vehicle is involved in a collision the glass is designed to break into small pieces. Window film tends to hold the glass together and it can become a large sharp object, more prone to causing injury.

Tinted windows decrease the driver’s depth perception through the window.

Police officers are unable to see how many occupants are in the vehicle during traffic stops.

Civilians are unable to identify occupants should the vehicle be involved in a hit and run or possible road rage incident.

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Traffic Ticket Tip: Obstructed View

You just got pulled over and ticketed because the officer didn't like that special keepsake hanging from your mirror. What? Read on...

The Obstructed View section may just be the most subjective law in the book. It’s completely up to the officer’s personal opinion as to what constitutes an ‘obstructed view’.

To be clear, there’s no specific law prohibiting you from hanging something from your mirror or sticking something to your dashboard but the test is whether that item creates an obstruction that “makes driving hazardous or dangerous.”

The section does not make any reference to these things being a distraction to the driver.

We’ve seen those very words used repeatedly by officers in their evidence against something they felt was an obstruction. In our view that’s not a correct application of this particular law and we’ll be more than happy to fight that ticket for you. That said, pleeeease use common sense and don’t hang some huge dangly thing that is obviously going to catch the eye of other drivers. That’s just begging for a ticket… and you’ll likely deserve it.

Special Note: The shirt you choose to wear may only get you arrested by the fashion police... but use caution there as well.

Traffic Ticket Tip: Traffic Violations & Borders

Do traffic ticket charges carry across state, provincial & national borders?… Do we really need to pay them?

You bet! Canadian provinces have a reciprocal agreement to report convictions to one another. In this country the left hand really knows what the right hand is doing when it comes to traffic law.

Many U.S. states also report convictions back to the province of Alberta.

While it does differ from state to state, the short answer is convictions and demerit points do cross borders. Call Alberta Driver Fitness and Monitoring (780-427-8230) to inquire if the state you were charged in is one of them. All out of province tickets that are applied to your driving record will have the letters “OOP” in front of the ticket number (…also short for “oops!”).

As for paying that American traffic fine… be sure to read over your ticket very carefully to find out what can happen if you don't.

Some U.S. jurisdictions even issue arrest warrants for non-payment of traffic tickets. Ouch!

Traffic Ticket Tip:

The fine on this traffic ticket has risen nearly 3500% since 1995 and it’s handed out way more often. Now you can look forward to this “cash grab” ticket going up an additional 35%! Read on...

Waaaaay back in the mid 90’s, the fine for failing to produce your licence, registration, or insurance card was just $5.00… really! These tickets weren’t issued much because it was way too much effort to write up a ticket for a measly five bucks. Then the fine went up to $57 and we started seeing a few more “fail to produce” violations.

More recently you’d get stung $172.00 for EACH of the three documents you couldn’t produce when requested and suddenly we saw them by the thousands. Curious, huh?…

That’s not all… NOW a moment of forgetfulness could cost you as much as $699.00 (3 documents x $233.00) – YOUCH!!

There is hope: If you get caught without your paperwork, we GUARANTEE to get that fine dropped dramatically so the new fine total will be far less money than you’d pay without our help… AND like any other ticket we help you fight, you can fight it where you are RIGHT NOW… on your mobile phone… and best of all, you’ll never spend one minute in a courtroom! That’s our job.

There are no demerit points for these kind of tickets, no impact on your insurance… Just a massive cash grab. Keep as much of your hard earned money in your pocket as possible… contact us today!!

Traffic Ticket Tip: Little Known, But Expensive Fine

The largest fine police can give you has no visible sign! $776.00… 4 demerits, a huge insurance premium increase, …and you didn't even know you'd done anything wrong!

You know the drivers who wait and wait and waaaaiiiit before proceeding after a pedestrian? Well guess what? If they stopped before you did, you MUST wait for them to move first after the pedestrian crosses.

On a multi-lane road, the first vehicle stopped (going in your direction) dictates when the rest can move. If you weren't first to stop then you cannot proceed until the "lead" vehicle goes first… period. If you do you're "passing a vehicle stopped at a crosswalk for a pedestrian" which is a traffic ticket for $575.00 and 4 demerit points.

There's no sign warning you not to do this. Even though it's clearly safe to go, don't move until they do! And this isn't the only offence that has no signage in Alberta.

Have a question about your ticket or a traffic related question? Ask away!

With well over 40 years experience in policing and traffic courts you'll be hard pressed to stump us... but you can certainly try!

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